Kostick v. Nago

First Amended Complaint for Declaratory and Injunctive Relief

more+
less-

This is the First Amended Complaint in the federal court challenge to Hawaii's state reapportionment plan. This lawsuit seeks declaratory and injunctive relief, and challenges under the Equal Protection Clause the State of Hawaii's practice of excluding military personnel, their families, and university students who pay nonresident tuition from the population count when reapportioning the state legislature.

The U.S. Census counts everyone who is a "usual resident" of Hawaii in its count of population -- including military, their families, and university students -- but the Hawaii Constitution requires the Hawaii Reapportionment Commission to only count "permanent residents." In an opinion issued in January 2012, the Hawaii Supreme Court held this means the Commission must "extract" active duty military, their families, and university students who pay nonresident tuition from the 1.3 million+ persons counted by the Census as usual residents of Hawaii. This renders invisible nearly 8% of the population.

These people are not counted by the Census in any other state, so Hawaii's "extraction" means that they are not being counted anywhere.

A three-judge court will hear the Plaintiffs' motion for preliminary injunction on May 18, 2012.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

Reference Info:Pleadings | Federal, 9th Circuit, Hawaii | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Robert Thomas, Damon Key Leong Kupchak Hastert | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

CONNECT

Robert Thomas
Damon Key Leong Kupchak Hastert

Robert H. Thomas focuses on issues involving appeals, regulatory takings, eminent domain, water... View Profile »


Follow Damon Key Leong Kupchak Hastert:

Reporters on Deadline

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×